Friday, April 27, 2012

A
divorce consultation can be overwhelming. Your attorney will want to give you a
lot of information on how Indiana law works, including, but not limited to,
legal and physical custody, calculating child support, division of assets and
liabilities and temporary payment of liabilities while the marriage is pending.
You should bring all information, relevant to your case, to meet with your
attorney for the first time. Here is a list of items that you should bring to
your consultation so that your attorney can advise your properly.

·Court pleadings. During your consultation, the attorney you
meet with will want to review any pleadings filed with the Court by the
opposing party. The attorney will want to see what relief the opposing party is
requesting and will advise you of how to prepare going forward. There may be an
“Order to Appear” and the attorney will want to go over what will happen at
that hearing.

·Prenuptial Agreement. A prenuptial agreement will affect how
your assets and liabilities are divided. The attorney will want to review the
prenuptial agreement to advise you accordingly.

·Financial Information. The attorney will most likely want to
review your assets and liabilities to give you an idea of how property and debt
will be divided. It is also helpful for the attorney to know your monthly
payments such as mortgage/rent, utilities, car payments, credit cards, etc., so
that they can see what is needed on a preliminary basis while the divorce is
pending.

·Any documents relating to child custody. You may have
helpful school records or a custody evaluation. You should bring these so that
the attorney will have a chance to review it and decide the best way to
proceed.

·A list of questions. It can be helpful if you write your
questions down prior to the consultation so that you don’t forget to ask the
things that are important and unique to your case.

At
Hollingsworth & Zivitz, P.C., our team has the experience, the
understanding, and the compassion to assist with your family law needs. If you
have questions or concerns regarding divorce, custody, support, or any other
family law concerns contact our firm at 317.569.2200 or hzlegal.com.

Wednesday, April 25, 2012

Our prior post on cohabitation addressed young
couples living together prior to marriage.This post (and linked article) addresses cohabitation for older
individuals, many times after a divorce earlier in their lives.Presently, estimates show that the number of
people over age 50 who are living together romantically has more than doubled
from 1.2 million in 2000 to 2.75 million in 2010.Realistically the cause of this increase can
be reduced to two related explanations:

1.Some
individuals have been married before and either don’t want to deal with the
possibility of another divorce or simply have a “been there, done that”
attitude towards marriage; and

2.Couples
who want to share living expenses without the commitment of marriage.

Just as with younger individuals, the older cohabitating couple not contemplating marriage may want to consider a cohabitation agreement.In fact, in many circumstances the older couple would benefit more as it is likely they will have accumulated assets such as a home, vehicles, and other significant tangible and intangible assets that should be protected in the context of a committed, but not married, relationship.

Tuesday, April 24, 2012

In Indiana, in any Dissolution of Marriage, Post-Dissolution, or Paternity
action, the court will enter a child support obligation to be paid by one of
the parties, (typically, the noncustodial parent). The Indiana Child Support
Guidelines are presumed to be applicable in every such proceeding and govern
the payment and determination of child support. The Guidelines are based on the
“Income Shares” theory; specifically, that both parents are responsible for the
support of a child based upon their respective income shares. The underlying
philosophy is that a child should be provided the same lifestyle which would
have been afforded to him/her had the family remained intact or had the parties
married. The Guidelines are presumed to apply in each case unless a reason can
be shown as to why a deviation from the calculated obligation is warranted. In
determining the support obligation, child support calculators are used to
create a Child Support Worksheet, which must be filed with the Court in each
proceeding. In addition to the parties’ gross incomes, other factors included
in determining the support obligation are: actual work-related childcare
expenses, healthcare insurance premiums for the children, parenting time
overnights exercised, support or maintenance received or paid, and subsequent
children in either parties’ home. When a Court deems appropriate, numerous
benefits received by one party, including parties’ bonus incomes, commissions,
or even regular gifts from family or friends, may be included as income for
support purposes.

There are a number of reasons to deviate from the presumed obligation by the
Guidelines. These include, but are not limited to, voluntary unemployment or
under-employment by one of the parties. If a Court finds either of these to be
a factor, it may impute potential income to that party for purposes of
determining support.

There are cases wherein clients propose to their attorney an agreement with the
opposing party to forgo the receipt of support. This is not appropriate in most
cases. Such an arrangement may be appropriate if the parties equally share
physical custody of the child(ren) and agree to share expenses due to the fact
that their incomes are relatively similar, however, parties must understand
that it is not their right to waive support for the child(ren), rather it is
the child’s right to receive the same. Issues with respect to child support are
very fact sensitive and different issues will arise in each case. A thorough
knowledge and understanding of the Guidelines is necessary to determine the
appropriate obligation in any given case when issues arise.

At Hollingsworth & Zivitz, P.C., our team has the experience, the
understanding, and the compassion to assist with your family law needs. If you
have questions or concerns regarding divorce, custody, support, or any other
family law concerns contact our firm at 317.DIVORCE or visit our website at www.hzlegal.com.

Monday, April 23, 2012

Living
together before marriage is advisable, right? You need to figure out if the
fact that she is freezing any time the thermostat reads below 78° or his
insistence on cutting his fingernails on the couch is a deal breaker before
walking down the aisle. It’s just common sense to take the car for a test drive
before buying.

Many
couples seem to agree. From the article: “In 1960, about 450,000 unmarried
couples lived together. Now the number is more than 7.5 million.” However, it
turns out cohabitation may not be the answer. The link goes to an interesting
article stating that cohabitation before marriage is not the secret to marital
bliss.

The
article also correctly points out that the aspects of untangling oneself from a
failed cohabitation can be quite difficult, particularly when the couple has
jointly purchased items, which will almost always be the circumstance. While
most couples likely see cohabitation as a step towards marriage, if you are in
a relationship that is not ending in marriage but does include cohabitation,
there are agreements that can be drafted to protect both parties and make the
break-up as smooth as possible. Think of it as a prenup for shacking up.

Wednesday, April 18, 2012

One of the most common
questions we receive is, “How long will my case take?”The minimum amount of time as set forth by
Indiana statute is sixty days.In
situations where the parties agree on all matters, it is feasible to resolve
the case within that time period.

However, in cases
where there are substantial disagreements between the parties, and particularly
in matters involving disputes as to custody and parenting time, it can take longer
to resolve a case.The length of time
needed to resolve the matter is subject to a variety of factors:

1.Discovery.If discovery (investigation) is required, that process can take two to
three months to complete.Once that is
completed, your attorney will need to review the results, evaluate whether any
information is still needed, and determine how to proceed from that point.

2.Custody
Evaluation.In cases involving custody disputes, the
court may order (or the parties may agree) that a custody evaluation be
completed.It can take thirty to sixty
days to complete the interviews and testing associated with such an evaluation,
and additional time to receive the written report.

3.Court’s
Docket.Some courts have schedules that are very
busy.What this means to your case is
that your final hearing may be scheduled three to six months out, and in some
cases even longer.

4.Opposing
Party.It is not uncommon for one spouse to be less
than enthusiastic about proceeding with the divorce.This can result in delay tactics such as
failing to respond to discovery, or generally being slow to communicate with
their attorney.

5.Your
counsel.It is important that you have an attorney
that responds to communication in a timely manner, moves your case forward in
accordance with applicable deadlines, and takes all necessary steps to resolve
your case as efficiently as possible.

If you are considering a divorce or currently face a divorce, it
is a good idea to discuss your situation with a Hollingsworth & Zivitz, PC
family law attorney. Hollingsworth & Zivitz, PC serves clients in the
greater Indianapolis area including Carmel, Fishers, Westfield, Noblesville,
and Hamilton County, as well as Zionsville, Avon, Brownsburg, and the counties
surrounding Marion County.

Friday, April 13, 2012

When you watch a football game, you know at the end of the game who won and who lost.In the legal world, when a criminal case goes to trial, either the prosecution or the defense will prevail (with limited exceptions).Throughout our lives, at least until children’s soccer games begin being played without keeping score, we were taught that when there are two sides to a game or a dispute, one side would be deemed the winner.

This begs the question, should we keep score in a divorce matter and crown a winner at the end of the case?The short answer:No.Keeping a tally as to whether you are ahead or behind in negotiations is a dangerous line of thinking, particularly in a case involving children.In the vast majority of divorces, there is not a winner and loser.In reaching a settlement, there will inevitably be give and take and neither party will get everything they want.Even in cases where a final hearing is necessary, it is common for both sides to get only part of the relief they requested.This is because judges are faced with exercising their discretion, often times with limited time and/or evidence available, and entering orders that are in the “best interests” of the parties’ children.Such guidelines do not lend themselves to accurate scorekeeping.

Becoming obsessed with “winning” your divorce case can lead to an (even more) emotionally and financially exhausting process .Are there times when you should go to court for what you believe is right?Absolutely.We as your lawyers will pursue what you believe is the correct position.However, before disagreeing over who gets the tea cups, or refusing to agree to an extra overnight once a month, you should ask yourself:Am I taking this position because I believe it is right, or because I really don’t like my soon to be ex-spouse?If your answer is the latter, take some time to reevaluate your position.

The vast majority of divorce cases reach a resolution, whether through negotiation or mediation, before a final hearing is necessary.During that process, it is important to determine what objectives are most important to you, which objectives you may be seeking out of spite, and what objectives are in the best interest of your children.We at Hollingsworth & Zivitz take a measured approach toward cases and advise our clients to consider what is most important to them and do everything within our control to assist our client to meeting their objectives.

Tuesday, April 10, 2012

For those divorced parents in the know, the summer is a time in which a traditional parenting time calendar gets flipped on its head for what is called "extended summer parenting time." Under this provision of the Indiana Parenting Time Guidelines, for parents of children over age 5 (or generally all of the children if one is over age 5), the number of weeks from the time the children get out of school is counted up until the time children go back to school, and divided in half. The non-custodial parent then becomes the "custodial" parent of sorts for one-half of the summer, with the custodial parent receiving alternating weekends and mid-week visits.

The Guidelines set out that the non-custodial parent has until April 1 of each year to make their election in writing as to which half of the summer they plan on exercising. If you are a custodial parent and are looking at the calendar and say to yourself "Shoot! It's now April 5 and I haven't done this!" don't fret. You are still entitled to one-half of the summer.However, your ex-spouse now can elect which half you will take. The Guidelines further permit dividing the halves into quarters, so long as both parties agree.

There is still consideration made for parents of 3 and 4 year olds as well. For 3 and 4 year olds, the non-custodial parent is entitled to up to four non-consecutive weeks during the year, at any time during the year, of extended summer parenting time, so long as the non-custodial parent provides 60 days advanced notice of the use of a particular week.

If you are considering a divorce or currently face a divorce, it is a good idea to discuss your situation with a Hollingsworth & Zivitz, PC family law attorney. Hollingsworth & Zivitz, PC serves clients in the greater Indianapolis area including Carmel, Fishers, Westfield, Noblesville, and Hamilton County, as well as Zionsville, Avon, Brownsburg, and the counties surrounding Marion County.

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Hollingsworth & Zivitz, PC is dedicated to providing its clients with high quality and cost-effective legal representation. Primarily known as a divorce & family law firm, H&Z has established itself as a leader in serving clients with all types of family law issues including divorce, custody, child support, paternity, adoptions (including contested adoptions), guardianships, post-decree issues suc...h as contempt and modifications, prenuptial and postnuptial agreements, education expenses, mediation and family law appeals. As the firm's motto, real people, real problems, real solutions, suggests, H&Z provides white-glove treatment to all clients, valuing compassion and empathy along with advocacy when addressing clients' individual needs. H&Z is dedicated to minimizing conflict for families, striving to be problem solvers verses part of the problem. While we actively participate in various methods of alternative dispute resolution such as mediation and arbitration, the lawyers of H&Z are tenacious litigators, experienced in assisting individuals and families of high net worth and complex issues such as business valuations, division of stocks and retirements accounts, custody evaluations and parental relocations. Since its inception, the firm's dedication to families has expanded to be a more full service family law firm offering services in estate planning, elder law, and education law services. Whether your particular legal issues involve divorce, child custody, child support, estate planning, elder law,or education law services, H & Z is committed to the highest standards of creativity and excellence with our clients as our number one priority.